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[ G.R. No. 139281. September 22, 1999]

SPS. SUAREZ vs. ARSENIO SALAZAR, et al.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated SEPT 22 1999.

G.R. No. 139281 (Spouses Romualdo and Nora Suarez vs. Arsenio Salazar, et al.)

This case was called today for hearing on the motion of respondents to expunge all the pleadings filed by counsel for petitioners and to hold him in contempt of court. Respondents Arsenio Salazar, et al. appeared but without their counsel while counsel for petitioners filed a motion to re-set the hearing to 27 October 1999 on the ground that he has been physically examined and found to be suffering from chronic HPN-BP-200/100 as shown by the attached medical certificate.

Considering the foregoing, and finding the motion to reset hearing without merit and the documents in support thereof lacking a proper jurat, the Court RESOLVES to DENY the motion to reset the hearing to 27 October 1999 and to instead RESSET the hearing on Wednesday, 29 September 1999 at eleven o'clock in the morning.

In accordance with Rule 45 in relation to Rule 56 and other pertinent provisions of the 1997 Rules of Civil Procedure, as amended, governing appeals by certiorari to the Supreme Court, only petitions which are accompanied by or which comply strictly with the requirements specified therein shall be entertained. On the basis thereof, the Court further RESOLVES to DENY the petition for review on certiorari for petitioners' failure to:

a) take the appeal within the reglementary period of fifteen (15) days in accordance with Section 2, Rule 45 in relation to Section 5 (a), Rule 56;

b) pay the prescribed legal fees within the period in Section 2, Rule 45; and

c) submit a verified statement of the date of filing of the motion for reconsideration of the assailed decision of the Court of Appeals in accordance with Section 4 (b), Rule 45 in relation to Section 5 (d), Rule 56.

Very truly yours,

(Sgd.) TOMASITA B. MAGAY-DRIS

Clerk of Court

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